Artificial Intelligence Is a Hot Topic for Virginia State Legislators



Artificial intelligence — once the domain of tech companies and futurists — has rapidly become one of the most pressing public policy issues in the Commonwealth of Virginia. As AI technologies proliferate into nearly every corner of daily life, from healthcare to education to criminal justice, state lawmakers are grappling with how to embrace innovation while protecting residents from the unforeseen risks and societal impacts that come with rapidly evolving systems. In 2026, AI policy has emerged as a front-and-center topic for the Virginia General Assembly.

A Legislative Landscape Transformed

AI isn’t new to the Virginia legislature, but the pace and intensity of policymaking around it have accelerated dramatically over the last few years. In the 2025 legislative session, lawmakers made a significant early attempt at comprehensive AI governance by passing the High-Risk Artificial Intelligence Developer and Deployer Act (HB 2094), a bill designed to regulate AI systems that could substantially impact decisions about employment, housing, healthcare, and legal rights. The law would have required developers and deployers of such systems to disclose risks, evaluate performance, and implement safeguards against algorithmic discrimination.

However, the legislation ultimately met resistance at the highest levels of state government. On March 24, 2025, Virginia Governor Glenn Youngkin vetoed the bill, arguing that it would impose a burdensome regulatory framework that could stifle innovation, especially among startups and smaller tech firms. The veto highlighted a fundamental debate emerging within state politics: how to balance economic growth with meaningful protections for consumers and communities.

From Veto to New Momentum

While the veto of HB 2094 was a setback for comprehensive AI regulation, the issue didn’t disappear. Instead, it sparked broader discussion and inspired lawmakers to consider more targeted approaches. With Democrats now holding full control of the state government, many legislators are revisiting the AI conversation with fresh proposals that aim to address specific uses and potential harms without overwhelming businesses.

For example, several 2026 bills introduced in the legislature target distinct aspects of AI use:

Educational AI use and safety: Senate Bill 394 would require the Virginia Board of Education to develop guidance on the use of AI in instructional settings and establish an AI Innovation in Education Pilot Program.

AI in healthcare: Companion bills like HB 668 and SB 269 are focused on the use and oversight of AI systems by mental health providers, exploring how AI might be implemented to improve care while ensuring ethical standards.

Chatbot safety and youth well-being: HB 635 proposes an Artificial Intelligence Chatbots Act, which would regulate companion chatbots — requiring explicit disclosure that they are not human and protocols to address expressions of self-harm.

These more nuanced proposals reflect a maturing understanding of AI and how lawmakers can shape policy that aligns with public needs and technological realities.

Human Oversight and the Courts

One of the most notable recent developments on AI regulation in Virginia isn’t emerging from the 2026 session but from a 2025 law that took effect earlier: a requirement for human oversight of AI in judicial processes. Passed with bipartisan support, this law ensures that AI tools can’t singularly determine judicial outcomes without human review — a clear attempt to preserve fairness and accountability as AI becomes more common in public systems.

This legislative milestone illustrates how some of Virginia’s AI policymaking has moved beyond abstract debates and toward real, practical rules that protect individual rights. It also signals that lawmakers are increasingly concerned with preserving the integrity of public institutions in the face of powerful, automated decision-making tools.

Balancing Innovation and Guardrails

Virginia’s AI policy debates aren’t happening in a vacuum; they’re part of a broader nationwide conversation about how to regulate AI. With no comprehensive federal AI law currently in place, states are often left to chart their own paths, creating a patchwork of rules and standards that can vary significantly from one jurisdiction to another.

Some voices in Virginia caution against rushing into heavy regulation. Lawmakers and industry proponents argue that overly rigid rules could push innovators and businesses to other states, undermining Virginia’s economic competitiveness. Others believe that without clear guardrails, AI could reinforce existing inequalities or create new ones. This tug-of-war between economic growth and consumer protection is characteristic of the broader national debate.

In healthcare, for instance, a state commission recommended stringent transparency and internal standards for AI systems used in hospitals and patient care settings, underscoring both the potential benefits and pitfalls of AI adoption. This committee urged legislators to “get it right” rather than act hastily, emphasizing thoughtful policy over purely reactive measures.

Political and Social Dimensions

AI policy in the Virginia legislature is also intertwined with broader political dynamics. The issue has drawn attention from both sides of the political spectrum and triggered discussions about federal versus state authority in regulating emerging technologies. A recent executive order from the federal government aimed at limiting state AI regulation added complexity to the legislative process, prompting some lawmakers to assert the importance of state-level action.

Moreover, legislators have engaged with constituents and stakeholders from industries, academia, and civil society, acknowledging that the implications of AI extend beyond economic metrics to questions about equity, privacy, and human agency.

Looking Forward

As Virginia’s 2026 legislative session progresses, artificial intelligence remains a hot topic — not just because it’s technologically sophisticated, but because it touches core questions about society’s future. Lawmakers are navigating uncharted territory, crafting proposals that aim to harness AI’s potential while mitigating its risks. Whether through targeted bills on education, healthcare, or chatbot safety, or broader discussions about transparency and trust, AI policy in Virginia is evolving rapidly.

In this new era, policymakers, technologists, and citizens alike will need to collaborate closely to ensure that AI contributes to prosperity and justice, rather than exacerbating the challenges of the 21st century. Virginia’s legislative debate — with all its complexity and ambition — is a microcosm of the national journey toward responsible AI governance.

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Ifoke